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5.2.2013 Official
Journal
of
the
European
Union L
34/13
COMMISSION IMPLEMENTING REGULATION (EU) No 104/2013
of 4 February 2013
amending Regulation (EU) No 185/2010 as regards the screening of passengers and persons other
than passengers by Explosive Trace Detection (ETD) equipment in combination with Hand Held
Metal Detection (HHMD) equipment
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(4) It
is
thus
useful
and
justified
to
allow
these
methods
for
screening of those parts of the person where a hand
Having regard to the Treaty on the Functioning of the European
search is considered inefficient and/or undesirable such
Union,
as certain headgear, plaster casts or prosthesis.
Having regard to Regulation (EC) No 300/2008 of the European
(5) This
Regulation
respects
the
fundamental
rights
and
Parliament and of the Council of 11 March 2008 on common
observes the principles recognised by the Charter of
rules in the field of civil aviation security and repealing Regu
Fundamental Rights of the European Union, notably
lation (EC) No 2320/2002 ( 1 ), and in particular Article 4(3)
the human dignity, the freedom of religion, the non-
thereof,
discrimination, the rights of persons with disabilities,
and the right to liberty and security. In so far as it
Whereas:
limits those rights and principles, such limitation is
made genuinely to meet objectives of general interest
(1) Commission
Regulation
(EC)
No
272/2009
of
2
April
and the need to protect the rights and freedoms of
2009 supplementing the common basic standards on
others, respecting the conditions laid down in Article 52
civil aviation security laid down in the Annex to Regu
of the Charter. This Regulation must be applied in
lation (EC) No 300/2008 of the European Parliament and
accordance with those rights and principles.
of the Council ( 2 ) provides that the implementing rules to
be adopted pursuant to Article 4(3) of Regulation (EC)
(6) Commission
Regulation
(EU)
No
185/2010
( 3 ) should
No 300/2008 may allow the use of explosive trace
therefore be amended accordingly.
detection (ETD) equipment and hand held metal
detection (HHMD) equipment for screening of persons
(7) The
measures
provided
for
in
this
Regulation
are
in
(passengers and persons other than passengers).
accordance with the opinion of the Committee on Civil
Aviation Security set up by Article 19(1) of Regulation
(2)
Experience has shown that hand searches of passengers
(EC) No 300/2008,
and persons other than passengers are not always the
most efficient means of screening certain parts of the
person, in particular where those parts are not readily
HAS ADOPTED THIS REGULATION:
accessible such as certain headgear, plaster casts or pros
thesis.
Article 1
The Annex to Regulation (EU) No 185/2010 is amended in
(3) Trials
have
demonstrated
the
effectiveness
of
the accordance with the Annex to this Regulation.
combined use of ETD and HHMD in such cases.
Moreover, the use of ETD and HHMD may facilitate
Article 2
the screening process and be experienced to be a less
intrusive means of screening than a hand search, thus
This Regulation shall enter into force on the twentieth day
constituting an improvement in the experience of
following that of its publication in the Official Journal of the
persons screened.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 February 2013.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 97, 9.4.2008, p. 72.
( 2 ) OJ L 91, 3.4.2009, p. 7.
( 3 ) OJ L 55, 5.3.2010, p. 1.

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L 34/14
EN
Official Journal of the European Union
5.2.2013
ANNEX
The Annex to Regulation (EU) No 185/2010 is amended as follows:
(1) letter (f) is added to point 1.3.1.1 as follows:
‘(f) explosive trace detection (ETD) equipment combined with hand held metal detection (HHMD) equipment.’;
(2) point 1.3.1.2 is replaced by the following:
‘1.3.1.2. Points 4.1.1.3 – 4.1.1.6 and 4.1.1.10 – 4.1.1.11 shall apply to the screening of persons other than
passengers.’;
(3) letter (e) is added to point 4.1.1.2 as follows:
‘(e) explosive trace detection (ETD) equipment combined with hand held metal detection (HHMD) equipment.’;
(4) new point 4.1.1.11 with the following wording is added:
‘4.1.1.11. Explosive trace detection (ETD) equipment in combination with hand held metal detection (HHMD)
equipment may only be used in cases where the screener considers a hand search of a given part of
the person to be inefficient and/or undesirable.’.

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Document Outline

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